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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:

Ninth Circuit Confirms GOOGLE Is Not Generic

by Brinks Gilson & Lione on

On May 16, 2017, the Ninth Circuit affirmed the district court’s finding that the GOOGLE trademark had not become generic, providing guidance on preventing genericide. Elliott et al. v. Google, Inc., No. 15-cv-15809, 2017 US...more

Insured May Bear the Consequences of Insurer’s Negligence

For decades, California courts have mandated that an insurer is obligated to accept a “reasonable” settlement demand within policy limits on behalf of its insured. If it fails to do so, it is liable for the entire judgment,...more

Court Clarifies Meaning of “Ground for Invalidity” for Purposes of Post-IPR Estoppel

A district court judge recently addressed the scope of estoppel for a petitioner in an inter partes review (IPR). Specifically, the court clarified the meaning of a “ground for invalidity” as it relates to the estoppel effect...more

A victory for attorney-client confidentiality: DOL takes formal steps to rescind controversial persuader regulation

by Thompson Coburn LLP on

In March 2016, the DOL issued a new regulation that greatly expanded the obligations of employers and their attorneys to publicly file sensitive information regarding so-called “persuader activity.” Under the regulation,...more

TCPA & Consumer Calling - Monthly TCPA Digest - May 2017

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Circuit Split: Expansion of Title VII Protections and Sexual Orientation as a Subset of a Protected Class

by Baker Ober Health Law on

Title VII of the Civil Rights Act of 1964 prohibits discrimination based on race, color, religion, sex or national origin. Title VII has been supplemented via legislative action to also prohibit discrimination due to...more

Supreme Court Limits Venue in Patent Litigation

In an 8-0 decision issued on May 22, 2017, the U.S. Supreme Court, in TC Heartland LLC v. Kraft Foods Group Brands LLC, restricted the available venues for patent litigation claims under 28 U.S.C. § 1400. Under Section...more

Plaintiffs’ Securities Claims Denied Class Treatment for Failure to Satisfy Predominance Requirement

by Benesch on

On May 15, 2017, the United States District Court for the Southern District of New York denied class treatment to a proposed class action alleging violations of Section 10(b) of the Securities Exchange Act of 1934. In its...more

Can Pseudo-Foreign Corporations Exonerate Their Directors?

by Allen Matkins on

Corporations Code Section 2115 is not an easy read. Fortunately, California Supreme Court Chief Justice Tani Cantil-Sakauye has provided a more digestible overview of the statute...more

California and Georgia disallow jury trial waivers

by DLA Piper on

Commercial lenders tend to perceive jury trials as disadvantageous when resolving conflicts between them and their borrowers. Alternative dispute resolution, such as binding arbitration, has proved to be an unsatisfactory...more

Back to the Future: Supreme Court Narrows Patent Venue in TC Heartland Case and Returns Dispute to State of Incorporation or Where...

by Williams Mullen on

The Supreme Court on Monday substantially narrowed the district court venues available to patent owners seeking to sue for infringement. In TC Heartland LLC v. Kraft Foods Group Brands LLC, 581 U.S. ___ (2017), the Supreme...more

Supreme Court Rules Creditors May Pursue Claims for Stale Debt in Bankruptcy

by PretiFlaherty on

With its recent opinion inMidland Funding, LLC v. Johnson, the Supreme Court has put to rest the question of whether or not filing stale claims violates the Fair Debt Collection Practices Act (“FDCPA”), determining that...more

Client Alert: Lease Drafting: Recover All Your Attorney Fees and Costs in an Eviction Action

As every landlord who’s successfully evicted a tenant knows, recovering all your attorney fees and litigation costs from the tenant often proves to be an unrealistic goal. Even with a creditworthy tenant or guarantor, there...more

PHH v. CFPB En Banc Oral Argument Recap: Who Won?

by Hinshaw & Culbertson LLP on

The Skinny on the Scuffle - During the 1 hour and 36 minute debate held on May 24, the parties and the full D.C. Circuit Court engaged in a lively and passionate back and forth, mostly over the constitutionality of the...more

“Google” Still Not (Yet) Generic

Last week the U.S. Court of Appeals for the Ninth Circuit issued a significant opinion on the topic of genericness, Elliott v. Google, Inc., No. 15-15809. The opinion affirmed a federal district court’s grant of summary...more

Attention Contractors: The Right to Cure Act may still be alive!

by Nexsen Pruet, PLLC on

Perhaps you forgot about it, or maybe you just gave up on it; regardless, you will be happy to hear that the Right to Cure Act just may be alive. In an Order dismissing Plaintiffs’ claims, entered in the Charleston County...more

Picking Up the Post-Preemption Pieces

by Reed Smith on

Parties often file motions in limine on fairly case-specific issues, building on the history of discovery and motions practice in the case. Applying a ruling on in limines from one case to another can be a dicey proposition...more

Arbitration Agreement Enforced on Behalf of Nonsignatory

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The California Court of Appeal has utilized theories of equitable estoppel and agency to hold that an employee must arbitrate claims he asserted against an alleged joint employer, even though that defendant...more

SEC Stays ALJ Cases Subject to 10th Circuit Review

by Burr & Forman on

On Monday, May 22, the SEC stayed all its administrative proceedings assigned to an ALJ in which a Respondent has an option for review by the 10th Circuit. (Securities laws provide appellate review of SEC administrative...more

Commercial Division Partially Vacates ICC Arbitration Award in Artificial Sweetener Dispute

Justice Charles Ramos of the New York Commercial Division partially vacated an International Chamber of Commerce (“ICC”) arbitration award in a major legal battle between artificial sweetener giants NutraSweet and Daesang. ...more

Data Breaches and the Significance of Outside Counsel

by Hodgson Russ LLP on

On May 18, 2017, the Central District of California joined two other district courts (D. Minn. and M.D. Tenn.) in holding that forensic reports resulting from a data breach investigation, conducted at the direction of...more

Monthly TCPA Digest - May 2017

by Mintz Levin on

We are pleased to present the latest edition of our Monthly TCPA Digest, providing insights and news related to the Telephone Consumer Protection Act (TCPA). This month’s issue features updates on the latest regulatory...more

Central District of California Upholds the Constitutionality of the CFPB and Enforces a CID

by Ballard Spahr LLP on

Adding to the growing body of cases disputing the CFPB’s authority to issue civil investigative demands (“CID”), a U.S. district court judge in the Central District of California, on May 17, rejected multiple challenges and...more

Construction Liens Filed by Suppliers in New Jersey After Contractor’s Filing of Bankruptcy Petition Are Barred by the Automatic...

by Pepper Hamilton LLP on

In re: Linear Electric Co., Inc., No. 16-1477, 2017 U.S. App. Lexis 5527 (3d Cir., March 30, 2017) - This case concerns whether suppliers, Cooper Electrical Supply Co. and Samson Electrical Supply Co. (“Suppliers”),...more

Federal Circuit Gives PTAB Free Hand on Claim Construction

by Morgan Lewis on

The Federal Circuit recently held that the Patent Trial and Appeal Board is not constrained by parties’ proposed constructions and may, in fact, adopt an alternative construction that the Board raises for the first time at...more

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